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Mental Capacity Act (MCA) Policy

The Mental Capacity Act (MCA) protects your money, health and welfare, if you cannot make all your own decisions.

Mental Capacity Act policy and appendices

What is MCA and why does it matter?

  • You may be unable to make all your own decisions because of dementia, stroke or brain injury or a learning disability or mental health problem.
  • You may have the capacity to make everyday decisions, but not to make larger, more complex decisions.
  • You may have the capacity to make decisions one day but not the next.
  • Your capacity to make decisions might improve or get worse over time.

For further information, download our What is mental capacity and why does it matter? leaflet.

How MCA affects family, friends and unpaid carers

The Act protects your rights and is relevant to anyone who has a relative or friend who may lack capacity. It covers major decisions about someone's property and financial affairs, health and welfare and where they live.

  • It covers everyday decisions about personal care, when the person cannot make those decisions for themselves.
  • It clarifies the process for caring for people who may lack capacity.
  • It clarifies how decisions should be made for your relative or friend if they are unable to make those decisions for themselves.
  • It sets out when you should be consulted about decisions made on behalf of your relative or friend.
  • It sets out how your relative or friend is protected when others are making decisions on their behalf.
  • It enables you to plan for a time when you may lack capacity.

You can find out more about mental capacity and planning ahead, including making and registering a Lasting Power of Attorney on the gov.uk website.

What if a person has nobody to support them?

The Independent Mental Capacity Advocate (IMCA) Service provides an independent safeguard to support people who lack capacity to make important decisions for themselves and who have nobody to support them.

Visit POhWER Gloucestershire to find out more.

Useful MCA resources

Documents

Useful links

Liberty Protection Safeguards (LPS)

In July 2018, the government published a Mental Capacity (Amendment) Bill, which passed into law in May 2019. It replaces the Deprivation of Liberty Safeguards (DoLS) with a scheme known as the Liberty Protection Safeguards (LPS).

The new legislation was delayed due to the pandemic and is now is expected to come into force April 2022.

LPS will create new responsibilities for NHS Trusts and clinical commissioning groups (CCGs).

The code of practice and regulations are still being written. While these are being written, we are planning how best to support these changes. Once we know more, a new set of webpages will be launched.

You can find more information about the planned changes on the following websites:

The Social Care Institute of Excellence guidance on Liberty Protection Safeguards
Mental Capacity Law and Policy's briefing on LPS

 Government consultation

Changes to the MCA Code of Practice and implementation of the LPS

Last reviewed:
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